Statutory Instruments
2006 No. 369
HOUSING, ENGLAND
The Housing (Interim Management Orders) (Prescribed Circumstances) (England) Order 2006
Made
15th February 2006
Laid before Parliament
22nd February 2006
Coming into force
6th April 2006
The Secretary of State, in exercise of the powers conferred by section 103(5)(a) and (6) of the Housing Act 2004( 1 ), makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as The Housing (Interim Management Orders) (Prescribed Circumstances) (England) Order 2006 and shall come into force on 6th April 2006.
(2) This Order applies to houses in England to which section 103 of the Housing Act 2004 (“the Act”) applies( 2 ).
Prescribed circumstances for authorisation of interim management orders to which this Order applies
2. —(1) The following circumstances are prescribed for the purposes of section 103(3) of the Act—
(a) the area in which the house is located is experiencing a significant and persistent problem caused by anti-social behaviour( 3 );
(b) that problem is attributable, in whole or in part, to the anti-social behaviour of an occupier of the house;
(c) the landlord of the house is a private sector landlord;
(d) the landlord of the house is failing to take action to combat that problem that it would be appropriate for him to take; and
(e) the making of an interim management order, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, will lead to a reduction in, or elimination of, that problem.
(2) In this article “private sector landlord” does not include a registered social landlord within the meaning of Part 1 of the Housing Act 1996 ( 4 ).
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
15th February 2006
2004 c. 34 . The powers conferred by section 103(5) of the Act are exercisable, as respects England, by the Secretary of State and, as respects Wales, by the National Assembly for Wales. See the definition of the appropriate national authority in section 261(1).
See section 103(1) of the Housing Act 2004. For the meaning of “house” see sections 103(7) and 99 of the Act.
For the meaning of anti-social behaviour see section 57(5) of the Act.